A malpractice lawsuit against a Florida law firm and two attorneys stemmed from a dispute with health care products company Hollister Inc. revived after a federal appeals court ruled the case was wrongfully dismissed because it was time-barred.
Hollister sued Peter Von Dyck and his company, Zassi Medical Evolutions Inc., alleging breach of contract over an asset purchase agreement related to Hollister’s purchase of Zassi’s assets of certain medical devices. Von Dyck was hit with a $9.2 million lawsuit in that case.
Von Dyck continued to challenge his counsel, Richard Kyle Gavin, John Albert Carlisle, and the law firm of Liles, Gavin & George PA, saying they should have said the lines were “merged” and “intentionally -trust” of the sales agreement is prohibited. a finding of fraudulent liability against him. Von Dyck also stated that they failed to enter a proper checklist into evidence during the trial phase.
The lawsuit was dismissed in part because it was found to be barred by the statute of limitations.
The Florida Court of Appeals, First District, partially recovered that case on Wednesday. The trial court erred in running the statute of limitations when Von Dyck paid attorney’s fees to new counsel in the lower case, the appeals court said.
However, the trial court’s different reason for rescission was that the sales agreement did not provide Von Dyck with any valid immunity, the court said. Although that applies to the purchase agreement portion of the claim, the court held, it does not allow the defendant to fail to raise and plead checklist arguments.
“Therefore, the Arbitrator can go through the checklist of the claim,” ruled the appellate court.
Carlton Fields PA is represented by Von Dyck. The plaintiffs are represented by Murphy & Anderson PA.
Counsel for Von Dyck declined to comment Thursday.
The case is Von Dyck v. Gavin, Fla. Dist. Ct. App., 1st Dist., No. 1D21-3401, 11/16/22.